Search Results for "Employees' State Insurance Act, 1948"

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Bombay High Court Dismisses Contract Workmen's Wage Parity Claim Against Principal Employer. Existence of Agreement with Representative Union Precludes Non-Members from Claiming Higher Wages Under Contract Labour Act.

The petition was filed by Mumbai Electric Employees Union, a non-representative union of contract workmen, challenging the order of the Additional Lab...

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Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

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Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

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High Court of Karnataka Quashes Interest Demand in ESI Act Case for Violation of Natural Justice. Failure to Issue Show Cause Notice Before Determining Interest Under Section 39(5) of Employees' State Insurance Act, 1948 Renders Order Unsustainable.

The petitioner, M/s. St. John's Medical College Hospital, an establishment covered under the Employees' State Insurance Act, 1948, challenged an order...

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Bombay High Court Dismisses Wage Parity Claim by Non-Technical Officers of MSEB. Non-technical officers cannot claim parity with technical officers as they form separate classes under the Electricity Supply Act, 1948.

The petitioners, M.S.E.B. Officers' Association and others, filed a writ petition under Article 226 of the Constitution seeking wage parity for non-te...

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Bombay High Court Dismisses Management's Petition Challenging Industrial Tribunal Award in Retrenchment Dispute. Retrenchment of 12 Liftmen Held Illegal as Management Failed to Prove Abandonment of Service and Compliance with Industrial Disputes Act, 1947.

The petitioner, Welcomgroup Searock, which manages the Searock Hotel in Bandra, Mumbai, challenged an award of the Industrial Tribunal dated 15th Febr...